C6C7C8C9C10C11C12C13C14C15C17C16C18C19C20C21C31C50C51C52C53C54 Part IV Fertilisers and Feeding Stuffs

Annotations:
Modifications etc. (not altering text)
C6

Pt. IV applied: (E.W.S.) (1.11.1991) by S.I. 1991/2197, reg.11 (with reg. 1(2)(3)); (E.W.S.) (22.1.1992) by S.I. 1991/2840, reg. 23 (with reg. 22) (which S.I. was revoked (E.W.S.) (30.6.1995) by 1995/1412, reg. 25); (N.I.) (18.5.1992) by S.R. 1992/187, reg. 11 (with reg. 1(2)); (N.I.) (27.7.1992) by S.R. 1992/270, reg. 23 (with reg. 22)); (E.W.S.) (30.6.1995) by S.I. 1995/1412, reg. 24 (with reg. 23) (which S.I. was revoked (E.) (29.10.2000) by S.I. 2000/2481, reg. 26 and (S.) (31.1.2001 except insofar as it made modifications to the 1970 c. 40) by S.S.I. 2000/453, reg. 26); (N.I.) (15.1.1996) by S.R. 1995/451, reg. 24 (with reg. 23)

C7

Pt. IV modified (21.6.1996) by S.I. 1996/1342, reg. 3, Sch. 1

Pt. IV modified (8.9.1999) by S.I. 1999/2325, reg. 7(1)(2), 8 (as amended: (E.) (20.3.3001) by S.I. 2001/541, reg. 7(a); (W.) (1.8.2001) by S.I. 2001/2253, reg. 7(a))

Pt. IV extended (W.) (1.3.2001) by S.I. 2001/343, reg. 22

C8

Pt. IV (except s. 78(10)): Functions of the Secretary of State, the Secretary of State for Scotland or the Secretary of State for Wales transferred to the Minister of Agriculture, Fisheries and Food (27.12.1999) by S.I. 1999/3141, art. 2(1)(5), 3, Sch.

Pt. IV: power to make regulations amended (E.W.) (temp.) by S.I. 2000/656, reg. 14

C9

Pt. IV amendment to earlier affecting provision SI 1999/2325 reg. 7 (W.) (1.5.2003) by The Feeding Stuffs (Amendment) (Wales) Regulations 2003 (S.I. 2003/989), regs. 1(1), 7

C12

Pt. IV modified by S.I. 1999/1663 reg. 6A (as inserted (S.) (26.6.2003) by The Feeding Stuffs (Miscellaneous Amendments) (Scotland) Regulations 2003 (S.S.I. 2003/277), regs. 1(1), 6)

C13

Pt. IV amendment to earlier affecting provision S.I. 1999/2325, regs. 7, 8 (S.) (26.6.2003) by The Feeding Stuffs (Miscellaneous Amendments) (Scotland) Regulations 2003 (S.S.I. 2003/277), regs. 1(1), 9, 10

Prosecutions under Part IV

C22C25C28C32C38C35C41C44C47C5580 Institution of prosecutions.

C1C21

Without prejudice to any other enactment relating to the place where proceedings may be taken, proceedings for an offence under this Part of this Act may be taken in the place where the person charged resides or carries on business.

2

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1

C3C23C26C29C33C36C39C42C45C48C5681 Offences due to fault of other person.

Where the commission by any person of an offence under this Part of this Act is due to the act or default of some other person that other person shall be guilty of the offence, and a person may be charged with and convicted of the offence by virtue of this section whether or not proceedings are taken against the first-mentioned person.

C4C24C27C30C34C40C37C43C46C49C5782 Defence of mistake, accident, etc.

C51

In any proceedings for an offence under any of the following provisions of this Act, namely, sections F268(1A), (4)(b) and (c), 69(4)(c), 70(2), 71(2)(b) F273, 73A and 74A, it shall, subject to subsection (2) of this section, be a defence for the person charged to prove—

a

that the commission of the offence was due to a mistake, or to reliance on information supplied to him, or to the act or default of another person, or to an accident or some other cause beyond his control; and

b

that he took all reasonable precautions and exercised all due diligence to avoid the commission of such an offence by himself or any person under his control.

2

If in any case the defence provided by the foregoing subsection involves the allegation that the commission of the offence was due to the act or default of another person or to reliance on information supplied by another person, the person charged shall not, without leave of the court, be entitled to rely on that defence unless, within a period ending seven clear days before the hearing, he has served on the prosecutor a notice in writing giving such information identifying or assisting in the identification of that other person as was then in his possession.